Several chapter 7 questions

[rockobuster]

What is the name of your state? OR

1. If you are dismissed in a chapter 7, how long before the trustee usually notifies you?

2. Does the court then notify the creditors that your chapter 7 has been dismissed?

3. If you then agree to file a chapter 13 do you usually have the same trustee?

4. If you keep the same lawyer, do you have to pay him more for representing you also in a chapter 13?

Thanks.

 

[Ladynred]

1. If you are dismissed in a chapter 7, how long before the trustee usually notifies you?

If the Trustee decides to dismiss your case, you'll be notified as soon as the Trustee files his/her Motion to Dismiss.

2. Does the court then notify the creditors that your chapter 7 has been dismissed?

Yes.

3. If you then agree to file a chapter 13 do you usually have the same trustee?

Not neccessarily. In some districts, different Trustees handle each type of bankruptcy.

4. If you keep the same lawyer, do you have to pay him more for representing you also in a chapter 13?

You don't have to change lawyers unless your lawyer just doesn't do Ch 13's. Lawyers get more for a Ch 13 because they must represent you throughout the life of your case 3-5 years. Attorney's fees for 13's are typically paid thru the plan.

 

[rockobuster]

If the trustee notifies the creditors that I was dismissed in a chapter 7, is there a break before they are notified that I have agreed to a chapter 13?

In case this happens, I didn't want the creditors to think that since I was dismissed that they can come after me for the credit cards that I was trying to discharge?

 

[Ladynred]

IF the Trustee files a Motion to Dismiss, then you will have the chance to change his/her mind. But if you can't or don't want to, DO NOT let the case go all the way to dismissal, just file a motion to convert the case to a CH 13. Once the case is officially dismissed, the automatic stay is OVER and you're right back to square one with creditors and they will descend like vultures to a kill.

 

[rockobuster]

I was wondering when you go to your chapter 7 341 meeting, if at the end of the meeting, the trustee lets you know if your a assest or no asset case, and also if he is recommending a discharge or dismissing your case?

Or, does he not let you know at the meeting what his decision is, and you find out later from him or your attorney? Thanks!

 

[Ladynred]

You may or may not find out how the Trustee classifies your case, but if you filed as a no-asset, unless you're hiding something and the Trustee finds out about it, or he/she things you have more disposable income, it will stay a no-asset case. You would get a notice from the court of the Trustee 'abandoning' the estate - meaning nothing to take, no assets. You're not going to get a 'decision' on your case at the 341 meeting, you're going to have to wait.